Not every estate needs the same process, and the right path depends on the details — whether there’s a will, what kind of will it is, and who’s stepping forward to serve. We’ve mapped out all seventeen situations we handle so you can see where yours fits. If you’re not sure, that’s exactly what a free consultation is for — we’ll point you to the right path in plain language.

Estates Handled Without a Will Variation

These four cover estates where there’s no will to interpret, or where a simplified, will-only process applies.

Independent Administration (No Will). When someone dies without a will, this opens a court process that lets the person in charge collect the assets, pay the debts, and distribute what’s left to the family members the law recognizes as heirs.

Muniment of Title. A simplified, will-only process — no one is formally appointed to run the estate — used when there’s a valid will and no unpaid debts other than a mortgage, just to put property legally in the right people’s names.

Small Estate Affidavit. For smaller estates (under the dollar limit set by law, not counting the home and certain protected property) where the person died without a will and there are no unpaid creditors, this lets the heirs claim the assets using a sworn form instead of a full court case.

Affidavit of Heirship. A sworn statement (not a court case) that officially records who the legal heirs are, most often used to clear up ownership of real estate when no formal estate process is needed.

Estates With a Will — All Thirteen Variations

When there’s a will, the right approach comes down to three things:

• What the family has — the original will, or only a copy.
• How the will is proven — “self-proven” (it includes a notarized statement, so witnesses don’t have to come to court), “witnesses needed” (witnesses confirm it), or “handwritten” (proven by people who recognize the handwriting).
• Who serves — the person named in the will, or, when they can’t or won’t, someone the court appoints.

Those combinations produce thirteen distinct scenarios. We handle all of them:

1. Original will, self-proven, named person serving. The simplest situation — the family has the original will, it includes the notarized self-proving statement, and the person named in the will is the one applying to handle the estate.
2. Original will, self-proven, someone else serving. The family has the original self-proven will, but the person named in it can’t or won’t serve, so the court appoints someone else to carry out the will’s instructions.
3. Original will, witnesses needed, named person serving. The family has the original will, but it doesn’t include the notarized self-proving statement, so witnesses must confirm it — and the person named in the will is the one applying.
4. Original handwritten will, named person serving. The family has the original handwritten will, which is proven by people who can confirm the deceased’s handwriting, and the person named in it is the one applying.
5. Copy of a self-proven will, named person serving. Only a copy of the self-proven will can be found, and the person named in it is applying (this requires explaining to the court what happened to the original).
6. Copy of a will, witnesses needed, named person serving. Only a copy of the will exists, it isn’t self-proven so witnesses are needed, and the person named in it is applying.
7. Copy of a will, witnesses needed, someone else serving. Only a copy of the will exists, it isn’t self-proven so witnesses are needed, and because no named person can serve, the court appoints someone else.
8. Copy of a will, someone else serving. Only a copy of the will exists, and because no named person can serve, the court appoints someone else to carry out the will’s instructions.
9. Copy of a handwritten will, named person serving. Only a copy of a handwritten will exists, it’s proven by people who recognize the handwriting, and the person named in it is applying.
10. Copy of a handwritten will, someone else serving. Only a copy of a handwritten will exists, proven by handwriting, and because no named person can serve, the court appoints someone else.
11. Will with witnesses needed, someone else serving. The will isn’t self-proven so witnesses are needed, and because no named person can serve, the court appoints someone else.
12. Handwritten will, someone else serving. The will is handwritten and proven by handwriting, and because no named person can serve, the court appoints someone else.
13. Handwritten will, witnesses needed, someone else serving. The will is handwritten and not self-proven, so witnesses are needed, and because no named person can serve, the court appoints someone else.

These descriptions are general explanations, not legal advice — the details of your estate decide which path actually applies. Our platform helps you identify which one fits your situation, and an independent attorney can review it before anything is filed.

Not Sure Which Applies to You?

As your attorney how to start. They’ll review your situation and tell you exactly which path fits and we can help from there.